Investigators:
Gabriel M. Lentner

Abstract:
This paper examines the emerging role of the Patent Mediation and Arbitration Centre (PMAC) within the Unified Patent Court (UPC) framework and addresses the critical question of how arbitral awards rendered under PMAC rules should be reviewed in annulment proceedings. While the UPCA establishes a specialized forum for patent disputes in Europe, the lack of a harmonized annulment mechanism for PMAC awards creates uncertainty, as review currently depends on the lex arbitri of the arbitration seat. This study evaluates three potential
solutions—creating a self-contained annulment mechanism, designating specialized national courts, and anchoring the legal seat in Lisbon or Ljubljana—to enhance predictability and safeguard the integrity of patent ADR in the EU.

Adding a transatlantic perspective, the paper contrasts these proposals with U.S. practice under the Federal Arbitration Act (FAA) and the strong pro-arbitration stance of U.S. courts, which generally limit judicial review to narrow statutory grounds. It explores whether the U.S. model of deference to arbitral autonomy could inform the design of a European review system, while accounting for the UPC’s supranational character and the need to preserve EU competition law and fundamental rights. By combining doctrinal analysis with comparative insights, the paper argues for a balanced approach that ensures legal certainty and uniformity in Europe without undermining the flexibility and efficiency that make arbitration attractive for complex patent disputes.